Honorable Joan Huffman, Chair, Senate Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2552 by Thompson, Senfronia (Relating to measures to address and deter certain criminal or other unlawful activity, including trafficking of persons, sexual offenses, prostitution, and activity that may constitute a public nuisance; increasing criminal penalties; creating a criminal offense.), As Engrossed
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the offenses of trafficking of persons, unlawful disclosure or promotion of intimate visual material, sexual coercion, assault, and promotion of prostitution. Under the provisions of the bill, the offenses of human trafficking and unlawful disclosure or promotion of intimate visual material would be enhanced under certain circumstances. The bill would also expand the offenses of assault, and promotion of prostitution and create the offense of sexual coercion. The criminal penalties associated with the modified provisions are punishable as felonies and range from a state jail felony to first degree felony.
A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years; a second degree felony for a term from 2 to 20 years; a third degree felony for a term from 2 to 10 years; and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offenses are also subject to an optional fine not to exceed $10,000.
Enhancing, expanding, or creating penalties are expected to result in an increase in the demand for the correctional resources of the counties or of the State due to a potential increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. The bill may have a negative population impact by increasing the number of individuals under supervision in the community or incarcerated within state correctional institutions. Whether the bill would result in a significant population impact as it relates to the offense of trafficking of persons is indeterminate due to lack of statewide data related to specific circumstances of trafficking of persons that result in the death of an unborn child of the person who is trafficked or assaults in which the pregnant individual is forced to have an abortion as specified by the bill. Data collected at the statewide level do not contain the detail necessary to isolate those individuals arrested, placed under felony community supervision, or incarcerated within correctional institutions for committing certain offenses under the circumstances in which the offenses would be enhanced. In fiscal year 2016, 71 individuals were arrested, fewer than 10 were placed under felony community supervision, and 16 were admitted into state correctional institutions for trafficking of persons. In fiscal year 2016, 52,566 individuals were arrested and 8,591 were places under misdemeanor community supervision for the offense of assault. The enhancements and penalty increases addressed by the bill could result in a significant impact on state correctional agencies, though the impact cannot be determined.
In fiscal year 2016, 88 individuals were arrested and fewer than 10 were placed under misdemeanor community supervision for the offense of unlawful disclosure or promotion of intimate visual material under existing statute. In fiscal year 2016, fewer than 10 individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for the offense of promotion of prostitution under existing statute. This analysis assumes the provisions of the bill addressing felony sanctions related to the offenses of unlawful disclosure or promotion of intimate visual material, sexual coercion, assault, and promotion of prostitution would not result in a significant impact on the demand for state correctional resources.